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notice to and thepri or written consent of the County, which consent shall not
<br />be unreasonably withheld. However, such consent may take into account the
<br />solvency of the pkoposedassi goes and the assignee's perceived ability and
<br />willingness to comply with all terms and conditions of this Consent Agreement,
<br />including withoutlimit ation, the timely payment of any fees owed the County
<br />hereunder. In the event of any such transfer, the transferee shall be deemed
<br />to be the Developer for all purposes under this Consent Agreement with respect
<br />to that portion of the Project transferred.
<br />3,3 Release of Developer. In the event the County approves a transfer of all
<br />or a the remaining portion of the obligations to the County pursuant to the
<br />Project, the Developer shall obtain a written assumption by the transferee,
<br />satisfactory to the County, of the Developer's obligations under this
<br />Agreement, and, such evidence of financial ability to assume such obligations
<br />as may be reasonably requested by the County with regard to payment of any fees
<br />or other obligations owed to the County pursuant to this Agreement. In such an
<br />event, the transferee shall be fully substituted as the Developer under this
<br />Agreement and the!Devel open executing this Agreement shall be released from any
<br />further obligations to the County with respect to this Consent Agreement.
<br />4, Ganaral Tarme!and Conditions
<br />9.1 Agreements to Run with the Land. This Agreement shall be recorded
<br />against the Property as described in this Consent Agreement, The agreements
<br />contained herein shall be deemed to be a lien upon, binding upon and run with
<br />the land and shall be binding upon and an obligation of all successors in the
<br />ownership of the Property.
<br />9.2 Construction of Agreement. This Agreement shall be deemed to be
<br />negotiated between all affected parties and shall not be more strictly
<br />construed agains t'. any one party, but rather be construed so as to fairly
<br />effectuate the public purpose of settlement of disputes that may arise
<br />hereunder. '
<br />9.3 Laws of General Applicability. Where this Agreement refers to laws of
<br />general applicability to the Project and other properties, this Agreement shall
<br />be deemed to refeY to other developed and subdivided properties in Cabarrus
<br />County,
<br />9.9 Duration, The term of this Agreement shall commence on and become
<br />effective the date of final subdivision approval and final site plan approval
<br />from the City of Concord. The term of this Agreement shall extend for a period
<br />of two years following that effective date unless the Agreement is earlier
<br />terminated, or its term modified. The term of this Agreement shall
<br />automatically be extended for a period of two years following the filing of
<br />each record plat for a portion of the Project, in accordance with The City of
<br />Concord Unified Development Ordinance and any applicable Cabarrus County
<br />regulations.
<br />9.5 Mutual Releases. At the time of, and subject to: (i) the expiration of
<br />any applicable appeal period with respect to the approval of this Agreement
<br />without an appeal'. having been filed; or (ii) the final determination of any
<br />court upholding this Agreement, whichever occurs later, and excepting the
<br />parties' respective rights and obligations under this Agreement; Developer, on
<br />behalf of itself knd Developer's partners officers, directors, employees,
<br />agents, attorneysh and consultants, hereby release Cabarrus County and Cabarrus
<br />County board memb¢rs, officials, employees, agents, attorneys and consultants,
<br />from and against env and all claims, demands, liabilities, costs, expenses of
<br />whatever nature, Whether known or unknown, and whether liquidated or
<br />contingent, arising on or before the date of this Agreement in connection with
<br />the application, processing or approval of The Mills at Rocky River Project.
<br />9.6 State and Federal Law. The parties agree, intend and understand that the
<br />obligations imposed by this Agreement are only such as are consistent with
<br />state and federa l': law. The parties further agree that if any provision of this
<br />Agreement becomes in its performance, inconsistent with state or federal law
<br />or is declared innal id, this Agreement shall be deemed amended to the extent
<br />necessary to ma ke'i it consistent with state or federal law, as the case may be,
<br />and the balance o'~f the Agreement shall remain in full force and effect,
<br />9.7 Enforcement4. The parties to this Agreement recognize that, in addition
<br />to other remedies'-that may be available, Cabarrus County has the right to
<br />enforce its rules] poll ci es, regulations, ordinances, and the terms of this
<br />Agreement by seeking an injunction to compel compliance with the terms of this
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